That's the headline of today's New York Times article about Ali Kushayb, the janjaweed militia leader who has been indicted by the ICC. According to the article, the "[t]he move is widely being interpreted as a way for Sudan to improve its image abroad and attempt to head off the possible genocide prosecution of the country’s president, Omar Hassan al-Bashir." Honestly,...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:1, available here. On Tuesday, James Hathaway, Dean of the Melbourne Law School, will discuss his article, The Human Rights Quagmire of “Human Trafficking”. Dean Hathaway’s article takes...
Ladies and gentlemen, your peacemaker: Al-Bashir who rarely gives interviews told the British Channel 4 News from Khartoum that rape claims are made up by Darfuri women. “The women inside the camps are under the influence of the rebels and some are even relatives of the rebels. That’s why they make these claims” Al-Bashir said. “We are fully convinced that no rape took...
The Christian Science Monitor ran an important story on Darfur a few days ago, detailing how Bashir is using the claim that his indictment will derail the peace process as a smokescreen for continuing to wage war against the Darfurians. The title says it all -- "Sudan Makes Case Abroad While Still Bombing Darfur": "How will the ICC hamper the peace...
[caption id="attachment_4979" align="alignleft" width="118" caption="Sir Eli"][/caption] So, how much of a public international law wonk are you? If, like me, you are fascinated not only by the structure and substance of international law, but also the personalities that helped shape it, then you need to check out this oral history done by the Squire Law Library of Cambridge University with Sir...
Conventional wisdom would have that state and local regulation of immigration works against noncitizen interests. A story like Hazleton's (tinpot mayor making political hay out of undocumented immigration) makes for good copy, and it plays into the persistent liberal mindset that the federal government will better protect rights generally and immigrant rights particularly. Amazing how that survived even after the 1996 rout...
The current issue of the New Yorker, week of October 13, 2008, special election issue, has a nice article,“Worlds Apart,” by Nicholas Lemann on the foreign policy differences between Obama and McCain - including a good discussion of each candidate’s foreign policy advisory team. The article is worth reading for Lemann's interviews with each candidate's leading senior foreign policy people. He describes...
Serbia might want the ICJ to opine on the legality of Kosovo's independence, but it seems that the horse is already out of the barn. Even Macedonia and Montenegro have now recognized Kosovo, the latter particularly irking the Serbian government: Montenegro's announcement sparked outrage in Belgrade, which along with key ally Russia has been vehemently opposing the split. Serbia in a...
I don't even know where to begin with this one. I'll let the BBC tell the story: Comic actor Bolek Polivka is suing former business partner Tomas Harabis over the rights to the fictitious Wallachian Kingdom. The [Czech] court must decide whether Mr Polivka is the true "king" of the fairy-tale realm...
Following up on Peter’s earlier post on the foreign policy views of Sarah Palin, I note this letter that she wrote in September 2007 to Senators Stevens and Murkowski expressing her “strong support” for the ratification of the UN Convention on the Law of the Sea (UNCLOS). She also seems to advocate the use of the International Tribunal for the...
What is it with international prosecutors and their duty to disclose exculpatory evidence? First the ICC stays the Lubanga trial because of the Prosecutor's abuse of Article 54. And now the ICTR has had to formally reprimand its Prosecutor, Hassan Jallow, for failing to disclose exculpatory evidence in the high-profile Military II trial: In their ruling dated September 22, 2008, the...
By a vote of 77 for, 6 against, and 74 abstaining, the UN General Assembly has referred to the ICJ the following question: Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The draft resolution submitted by Serbia is here. According to the BBC, the US voted against the resolution, arguing that it was...
